New York Penal Code 270.20: Unlawful Wearing of Body Armor

New York Penal Code 270.20 makes it illegal to wear bulletproof vests and other types of body armor while committing violent felonies. This law was passed to help police and prevent criminals from becoming invincible to gunfire during shootouts. But some argue it goes too far and takes away rights from law-abiding citizens. This article will explain the law, who it applies to, defenses, penalties, and debate the pros and cons.

What the Law Says

Under Penal Code 270.20, it’s a class E felony to wear a “body vest” while committing any violent felony offense. A body vest is defined as soft body armor that protects against gunfire from a .38 caliber or smaller firearm. This includes common bulletproof vests made of Kevlar or other soft materials.

To be guilty, you must be wearing the vest while actively committing a violent felony. Violent felonies include murder, kidnapping, arson, robbery, burglary, and many assault crimes. Simply possessing body armor is not illegal. But wearing it while committing or attempting to commit a violent felony is.

There are two main elements prosecutors must prove:

• You were wearing a body vest as defined by the law
• You were actively engaged in a violent felony offense

If both elements are met, you can be convicted of this class E felony crime.

When Does the Law Apply?

This statute is mainly intended to deter criminals who illegally wear body armor to gain an advantage over police. It does not apply to legal possession of body vests. You can legally own and wear a bulletproof vest in most situations under New York law. The illegal use is wearing one during dangerous violent crimes.

For example, if you wore a vest during a bank robbery shootout, you could face an additional charge and penalties under PC 270.20. But if you simply possessed body armor without committing any crimes, you did not violate the statute.

Defenses to Unlawful Wearing Charges

There are several legal defenses if you are wrongly accused of unlawfully wearing body armor:

• You were not wearing a vest – If you did not actually wear or possess body armor, you are not guilty.
• No underlying violent felony – If the prosecution cannot prove you committed or attempted to commit a violent felony offense, the wearing of body armor alone is not criminal.
• Justification – In very rare cases, you may have been legally justified in wearing protective gear due to a specific threat or danger.
• Duress – If you were forced to wear body armor at gunpoint or under threat of violence, you may argue duress.

An experienced New York criminal defense lawyer can help argue these defenses and protect your rights if you are charged under this statute.

Penalties and Sentencing

Unlawfully wearing body armor is a class E felony in New York. Conviction carries up to 4 years in state prison. Fines up to $5,000 may also be imposed.

If convicted, you face permanent felony conviction records and other collateral consequences. These can include barriers to jobs, housing, professional licensing, immigration status, and loss of gun rights.

Debating the Pros and Cons

There are good-faith arguments on both sides of this controversial statute. Supporters say it helps police battle heavily-armed criminals. But critics argue it goes too far infringing on civil liberties. Here are some key points raised in the debate:

Arguments Supporting the Law

• Helps even the playing field against criminals with body armor
• Takes away an advantage criminals have over police
• Only applies to violent felonies, not all uses
• Stops criminals from becoming nearly invincible to police fire

Arguments Against the Law

• Infringes on the non-violent public’s right to wear body armor
• Restricts lawful uses like self-defense, protection, and recreation
• Penalizes wearing armor versus criminal acts themselves
• Law is too broad and vague in scope

Courts have generally upheld New York’s statute as constitutional and within the state’s police powers. But critics continue to argue it goes too far restricting the rights of lawful citizens to use protective gear.

Conclusion

New York Penal Code 270.20 makes it a felony to wear bulletproof vests and body armor during violent crimes. This controversial law tries to limit criminals from gaining powerful advantages over police. But some argue it infringes on civil liberties. If you are accused of unlawfully wearing body armor, an experienced criminal defense lawyer can protect your rights.